Montana Code 50-5-701. Definitions
50-5-701. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 50-5-701
- Aftercare: means assistance provided by a lay caregiver to a patient after the patient's discharge from a hospital and limited to the patient's condition at the time of discharge, including but not limited to assistance with:
(a)basic activities of daily living;
(b)instrumental activities of daily living; and
(c)medical or nursing tasks that do not require a licensed professional. See Montana Code 50-5-701
- Discharge: means a patient's exit or release from a hospital to the patient's residence after an inpatient hospital admission. See Montana Code 50-5-701
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Hospital: means a hospital, critical access hospital, or rural emergency hospital as those terms are defined in 50-5-101. See Montana Code 50-5-701
- Lay caregiver: means an individual designated as a lay caregiver by a patient or the patient's legal representative to provide aftercare to a patient in the patient's residence. See Montana Code 50-5-701
- Legal representative: means :
(a)a legal guardian;
(b)a person who holds a medical power of attorney; or
(c)a representative named in an advance health care directive recognized under Montana law or the law of another state. See Montana Code 50-5-701
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Residence: means a dwelling that the patient considers to be the patient's home, including the home of a lay caregiver, relative, or friend. See Montana Code 50-5-701
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)”Aftercare” means assistance provided by a lay caregiver to a patient after the patient’s discharge from a hospital and limited to the patient’s condition at the time of discharge, including but not limited to assistance with:
(a)basic activities of daily living;
(b)instrumental activities of daily living; and
(c)medical or nursing tasks that do not require a licensed professional.
(2)”Discharge” means a patient’s exit or release from a hospital to the patient’s residence after an inpatient hospital admission.
(3)”Entry” means an individual’s admission into a hospital for the purposes of inpatient care.
(4)”Hospital” means a hospital, critical access hospital, or rural emergency hospital as those terms are defined in 50-5-101.
(5)(a) “Lay caregiver” means an individual designated as a lay caregiver by a patient or the patient’s legal representative to provide aftercare to a patient in the patient’s residence. The term includes but is not limited to a spouse, relative, partner, friend, or neighbor.
(b)The term does not include an individual who receives a third-party payment for providing post-discharge assistance to a patient unless the individual is providing assistance under a Medicaid self-directed service delivery model authorized by the state.
(6)”Legal representative” means:
(a)a legal guardian;
(b)a person who holds a medical power of attorney; or
(c)a representative named in an advance health care directive recognized under Montana law or the law of another state.
(7)(a) “Residence” means a dwelling that the patient considers to be the patient’s home, including the home of a lay caregiver, relative, or friend.
(b)The term does not include an assisted living facility, state-licensed group home, hospital, rehabilitation facility, or skilled nursing facility.